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22 September 2023 / Michael Zander KC
Issue: 8041 / Categories: Opinion , Constitutional law , International
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Insurrection & court intervention: A high-stakes gamble?

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Could legal proceedings stop Trump from standing for election? Michael Zander raises doubts about the attempt to remove the former president from the ballot

Donald Trump has promised he will run for election in 2024 even if he is convicted on any of the serious criminal charges he faces in both federal and state courts. Surprisingly, there is nothing in the US constitution that would bar him from being president after any such conviction. But there is a provision in the constitution that could stop him being elected—by barring him from being a candidate in the first place.

Sweep & force

Section 3 of the 14th amendment provides that no person shall hold public office who, having taken an oath as an officer of the United States to support the constitution of the United States, ‘shall have engaged in insurrection or rebellion against the same’.

Section 3 was ratified in 1868 in the aftermath of the Civil War. Its purpose was to prevent secessionists from returning

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MOVERS & SHAKERS

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
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